Agenda 06/25/2019 Item #17I (Royal Wood Golf/Country Club Drainage Easement Vacation)06/25/2019
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC-PL20180003283, to disclaim, renounce and vacate the County and the public interest
in a portion of the Park and Preserve Area located in Block “K” and a portion of the Drainage
Easement located in Tract “N” of Royal Wood Golf and Country Club, Unit One, as recorded in
Plat Book 15, page 16 and a portion of the Drainage Easement located in Tract “N” of Royal Wood
Golf and Country Club, Unit Two, as recorded in Plat Book 15, page 19 of the public records of
Collier County, Florida, located in the northwest quadrant of Rattlesnake Hammock Road and
Santa Barbara Boulevard in Section 17, Township 50 South, Range 26 East, Collier County,
Florida and to accept Petitioner’s grant of a Conservation Easement to replace the vacated portion
of the Park and Preserve Area and Drainage Easements.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the
Park and Preserve Area located in Block “K” and a portion of the Drainage Easement located in Tract
“N” of Royal Wood Golf and Country Club, Unit One, as recorded in Plat Book 15, page 16 and a portion
of the Drainage Easement located in Tract “N” of Royal Wood Golf and Country Club, Unit Two, as
recorded in Plat Book 15, page 19 of the public records of Collier County, Florida, located in Section 17,
Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A,
and to accept Petitioner’s grant of a Conservation Easement to replace the vacated portion of the Park and
Preserve Area and Drainage Easement.
CONSIDERATIONS: Petition VAC-PL20180003283 has been received by the Development Review
Division, Growth Management Department from Michael T. Herrera, P.E., of Q. Grady Minor &
Associates, P.A., as agent for the property owner, to vacate a portion of the Park and Preserve Area
located in Block “K” and a portion of the Drainage Easement located in Tract “N” of Royal Wood Golf
and Country Club, Unit One, as recorded in Plat Book 15, page 16 and a portion of the Drainage
Easement located in Tract “N” of Royal Wood Golf and Country Club, Unit Two, as recorded in Plat
Book 15, page 19 of the public records of Collier County, Florida, as further described in Exhibit A to the
attached Resolution. According to the Property Appraiser, the Royal Wood Master Association, Inc., is
the fee simple owner of the real property underlying the subject Park and Preserve Area.
This property is within the Royal Wood Golf and Country Club PUD, Ordinance No. 96-72, as amended.
The purpose of this vacation request is to remove (1.43 acres) from the Park and Preserve area along the
southeastern border of the property, in order to allow for an expansion of the existing clubhouse and
parking lot. This area was part of the required preserve area for the PUD.
The applicant is also vacating the underlying Drainage Easements in the portions of previously mentioned
Tract “N” in order to create the replacement Conservation Easements.
The applicant proposes to grant the County a replacement Conservation Easement just west and north of
the easement to be vacated. The replacement conservation easements will contain the same amount of
acreage (1.43 acres) as the portion of Park and Preserve Area being vacated. No replacement Drainage
Easements are proposed because the drainage of the PUD is sufficient.
This vacation will not result in a public detriment because the replacement conservation easement will be
the same acreage as what is being removed. Also, this vacation will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
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The Development Review Division has reviewed this petition and found no reason for objection.
A Letter of No Objection has been received from the Collier County Stormwater program.
FISCAL IMPACT: Growth Management Department, Development Review Division staff, has
collected a $2,000 “Petition to Vacate” fee from the petitioner which covers the County’s cost of
recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: Petitioner is requesting to vacate a portion of the Park and Preserve
Area in located in Block “K” and a portion of the Drainage Easement located in Tract “N” of Royal
Wood Golf and Country Club, Unit One, as recorded in Plat Book 15, page 16 and a portion of the
Drainage Easement located in Tract “N” of Royal Wood Golf and Country Club, Unit Two, as recorded
in Plat Book 15, page 19 of the public records of Collier County, Florida, as further described in Exhibit
A to the attached Resolution.
Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions
vacating plats in whole or in part of subdivisions in Collier County, returning the property covered by
such plats either in whole or in part into acreage, when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established.
2. The vacation will not affect the ownership or right of convenient access of persons owning o ther
parts of the subdivision.
This item has been approved as to form and legality, and requires a majority vote for Board approval ---
SAA
RECOMMENDATION: To Approve the attached Resolution, relating to Petition VAC-
PL20180003283, which will vacate the County and the public interest in a portion of the Park and
Preserve Area located in Block “K” and a portion of the Drainage Easement located in Tract “N” of Royal
Wood Golf and Country Club, Unit One, as recorded in Plat Book 15, page 16 and a portion of the
Drainage Easement located in Tract “N” of Royal Wood Golf and Country Club, Unit Two, as recorded
in Plat Book 15, page 19 of the public records of Collier County, Florida, located in Section 17, Township
50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, accepts
the Petitioner’s grant of a Conservation Easement to replace the vacated Conservation and Drainage
Easements, and directs the Clerk to the Board to record a certified copy of the Resolution in the public
records and to make proper notation of this Resolution on the plat of Royal Wood Golf and Country Club,
Unit One, as recorded in Plat Book 15, Page 16, and the plat of Royal Wood Golf and Country Club, Unit
Two, as recorded in Plat Book 15, page 19 of the public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Affidavit of Authorization (PDF)
2. Application (PDF)
3. Resolution - 051619(1) (PDF)
4. Conservation easement - 051619 (PDF)
5. Property Ownership Disclosure Form (PDF)
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6. LONO Collier County Stormwater Program (PDF)
7. LONO Royal Wood Master Association Inc (PDF)
8. Hearing Examiner Decision, HEX No. 2014-11 (PDF)
9. Easement Vacation Exhibit r1 (PDF)
10. Legal Ad - Agenda ID 8985 - 1 of 2 (PDF)
11. Legal Ad - Agenda ID 8985 - 2 of 2 (PDF)
12. Plat of Royal Wood G&CC U1 (PDF)
13. Plat of Royal Wood G&CC U2 (PDF)
14. Royal Wood Minutes (PDF)
15. Royal Wood Signed Hold Harmless (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.I
Doc ID: 9313
Item Summary: *** This item has been continued from the June 11, 2019 BCC meeting. ***
This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-
PL20180003283, to disclaim, renounce and vacate the County and the public interest in a portion of the
Park and Preserve Area located in Block “K” and a portion of the Drainage Easement located in Tract
“N” of Royal Wood Golf and Country Club, Unit One, as recorded in Plat Book 15, page 16 and a portion
of the Drainage Easement located in Tract “N” of Royal Wood Golf and Country Club, Unit Two, as
recorded in Plat Book 15, page 19 of the public records of Collier County, Florida, located in the
northwest quadrant of Rattlesnake Hammock Road and Santa Barbara Boulevard in Section 17, Township
50 South, Range 26 East, Collier County, Florida and to accept Petitioner’s grant of a Conservation
Easement to replace the vacated portion of the Park and Preserve Area and Drainage Easements.
Meeting Date: 06/25/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
06/12/2019 1:25 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/12/2019 1:25 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2019 10:08 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/14/2019 2:46 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 1:53 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/18/2019 3:11 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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Jon M. Fennelly, DirectorPL2018000328317.I.1Packet Pg. 3133Attachment: Affidavit of Authorization (9313 : VAC-Royal Wood G&CC)
17.I.2Packet Pg. 3134Attachment: Application (9313 : VAC-Royal Wood G&CC)
17.I.2Packet Pg. 3135Attachment: Application (9313 : VAC-Royal Wood G&CC)
17.I.2Packet Pg. 3136Attachment: Application (9313 : VAC-Royal Wood G&CC)
17.I.2Packet Pg. 3137Attachment: Application (9313 : VAC-Royal Wood G&CC)
17.I.2Packet Pg. 3138Attachment: Application (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3139 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3140 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3141 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3142 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3143 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3144 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3145 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3146 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3147 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3148 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3149 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3150 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3151 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3152 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3153 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3154 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3155 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3156 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3157 Attachment: Resolution - 051619(1) (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3158 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3159 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3160 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3161 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3162 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3163 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3164 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3165 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3166 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3167 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3168 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3169 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3170 Attachment: Conservation easement - 051619 (9313 : VAC-Royal Wood G&CC)
17.I.5
Packet Pg. 3171 Attachment: Property Ownership Disclosure Form (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3172 Attachment: Property Ownership Disclosure Form (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3173 Attachment: Property Ownership Disclosure Form (9313 : VAC-Royal Wood G&CC)
17.I.6
Packet Pg. 3174 Attachment: LONO Collier County Stormwater Program (9313 : VAC-Royal Wood G&CC)
17.I.7
Packet Pg. 3175 Attachment: LONO Royal Wood Master Association Inc (9313 : VAC-Royal Wood G&CC)
17.I.8
Packet Pg. 3176 Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3177 Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
Words underlined are additions; words struck through are deletions
Royal Woods G & C Club PUD, PDI PL20130000644 Last Revised 5/21/2014 Page 1 of 3
Royal Wood Golf and Country Club PUD
Proposed Amendment to Ordinance Number 93-04, as Amended
Revisions to the text of the PUD Document are shown in strikethrough/underline
PROPOSED TEXT REVISIONS TO SECTION II OF THE PUD DOCUMENT.
Section II, entitled “Project Development” of the PUD Document attached to Ordinance Number 93-04, the
Royal Wood Golf and Country Club PUD, is hereby amended as follows:
2.5 PLAN AND LAND USE TRACTS
The project plot plan is shown on the accompanying Drawing attachments titled
Exhibit "A", P.U.D. "Master Development Plan" and Exhibit "B" titled "Tract
Map". The drawing shows the sixteen (16) land use tracts which also include
water management areas and road rights-of way.
The land use tracts are listed here and on Exhibit AB:
Tract A: Low rise Multi family, villas and attached single family
residential 9.01 acres
Dwelling units = 110 +/-
Tract B: Low rise Multi family, villas and attached single family
residential 10.33 acres
Dwelling units = 126 +/-
Tract C: Low rise Multi family, villas and attached single family
residential 9.02 acres
Dwelling units = 110 +/-
Tract D: Low rise Multi family, villas and attached single family
residential 6.75 acres
Dwelling units = 82 +/-
Tract E: Low rise Multi family, villas and attached single family
residential 6.28 acres
Dwelling units = 76 +/-
Tract F: Low rise Multi family, villas and attached single family
residential 12.42 acres
Dwelling units = 150 +/-
Tract G: Single family residential and Buffer Area 13.52 acres
Dwelling units = 57
Tract H: Single family residential 9.05 acres
Dwelling units = 28
Exhibit A
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Packet Pg. 3178 Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
Words underlined are additions; words struck through are deletions
Royal Woods G & C Club PUD, PDI PL20130000644 Last Revised 5/21/2014 Page 2 of 3
Tract I: Single Family residential and Buffer Area 8.42 acres
Dwelling units = 35
Tract J: Single family residential and Buffer Area 6.73 acres
Dwelling units = 25
Tract K: Park and Preserve 4.27 acres
Tract L: Park and Preserve 1.86 acres
Tract M: Golf Course Country Club 4.816.24 acres
Tract N: Golf Course and Water Management 127.23125.80 acres
Tract O: Entrance Right of Way 4.01 acres
Tract P: Land reserved for future public rights of way 10.14 acres
In addition to the various area and specific items shown on Exhibit "A", utility, private,
semi-public, etc., easements shall be established within the project as necessary for the
service, function or convenience of the project's inhabitants.
PROPOSED TEXT REVISIONS TO SECTION VI OF THE PUD DOCUMENT.
Section VI, entitled “Golf Course & Country Club” of the PUD Document attached to Ordinance Number
93-04, the Royal Wood Golf and Country Club PUD, is hereby amended as follows:
6.4 MINIMUM YARDS
Club house, pro shop, and other habitable buildings shall be set back a minimum
of 50 feet from the nearest residential building site and 5025 feet from the nearest
street right of way.
PROPOSED TEXT REVISIONS TO SECTION VII OF THE PUD DOCUMENT.
Section VII, entitled “Park and Open Space” of the PUD Document attached to Ordinance Number 93-04,
the Royal Wood Golf and Country Club PUD, is hereby amended as follows:
ROYAL WOOD GOLF AND COUNTRY CLUB
SECTION VII
PARK, PRESERVE AND OPEN SPACE
7.2 USES PERMITTED
No portion of Tracts K and L shall be utilized for other than the following:
Exhibit A
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Packet Pg. 3179 Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
Words underlined are additions; words struck through are deletions
Royal Woods G & C Club PUD, PDI PL20130000644 Last Revised 5/21/2014 Page 3 of 3
7.2.1 PERMITTED USE
7.2.1.1 Park site;
7.2.1.2 Natural open space;
7.2.1.3 Cypress Preserve area.;
7.2.1.4 Preserves.
7.3 DEVELOPMENT REGULATIONS
No major facilities or structures are proposed to be constructed in either Tract K
or L. Land clearing will be performed in accordance with Section 8.7.B to
remove exotic plant species. Some vegetative removal may be required for
walking paths or picnic areas in Tracts K and L, however, no removal other than
the exotic species will be undertaken in the 0.5 acre cypress preserve area.
Preserve setbacks for properties adjacent to the two relocated or created preserves
labeled Tract K on Exhibit A, the Master Plan, shall not apply to existing or
future buildings and/or structures. The two relocated preserves are those shown
on the master plan as that part of Tract K north of lot 57 of Tract G and as that
part of Tract K north of lots 19-25 of Tract J.
PROPOSED TEXT REVISIONS TO SECTION VIII OF THE PUD DOCUMENT.
Section VIII, entitled “Physical Improvements and Commitments” of the PUD Document attached to
Ordinance Number 93-04, the Royal Wood Golf and Country Club PUD, is hereby amended as follows:
8.7 ENVIRONMENTAL CONSIDERATIONS
G. Two aAreas totaling at least 6.13 acres found in the southeastern reaches of
parcel (i.e., labeled “K” and “L” on preliminary site plansthe PUD Master
Plan) shall be passive park preserves. Parcel “L” includes a 0.8 5 acre
wetland site. Prior to any construction in the vicinity of these parks
preserves, park preserve boundaries must be flagged by the petitioner, the
boundaries subject to review and approval of NRMD.
Exhibit A
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Packet Pg. 3180 Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
Exhibit A Page 4 of 517.I.8Packet Pg. 3181Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
Exhibit A Page 5 of 517.I.8Packet Pg. 3182Attachment: Hearing Examiner Decision, HEX No. 2014-11 (9313 : VAC-Royal Wood G&CC)
Drainage Easementto be vacatedDrainage Easement tobe vacatedEasement Vacation Exhibit17.I.9
Packet Pg. 3183 Attachment: Easement Vacation Exhibit r1 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3184 Attachment: Legal Ad - Agenda ID 8985 - 1 of 2 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3185 Attachment: Legal Ad - Agenda ID 8985 - 2 of 2 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3186 Attachment: Plat of Royal Wood G&CC U1 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3187 Attachment: Plat of Royal Wood G&CC U1 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3188 Attachment: Plat of Royal Wood G&CC U1 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3189 Attachment: Plat of Royal Wood G&CC U2 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3190 Attachment: Plat of Royal Wood G&CC U2 (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3191 Attachment: Royal Wood Minutes (9313 : VAC-Royal Wood G&CC)
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Packet Pg. 3192 Attachment: Royal Wood Minutes (9313 : VAC-Royal Wood G&CC)
17.I.15Packet Pg. 3193Attachment: Royal Wood Signed Hold Harmless (9313 : VAC-Royal Wood G&CC)